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Divided Argument

A Trees Guy in a Forest Court

Divided Argument

Will Baude & Dan Epps

Constitution, Constitutional Law, News, Law, Politics, Supreme Court, Government, Legal System, Supreme Court Of The United States, U.s. Supreme Court, Scotus, Supreme Court Justice

4.9676 Ratings

🗓️ 16 May 2025

⏱️ 61 minutes

🧾️ Download transcript

Summary

We reflect on the death of Justice Souter and sort out some loose ends from the last episode. We then dig into the Court's only opinion from Thursday, Barnes v. Felix, which we previewed with friend of the show Orin Kerr back in February at Stanford. Along the way we make a short detour into generative AI and it's potential for SCOTUS research. Most importantly, we react to the oral argument in Trump v. Casa, the shadow docket case about (or, not about?) President Trump's birthright citizenship executive order.

Transcript

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0:00.0

Oh, yay, oh, yay, oh, yay, oh, yay.

0:03.4

The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question to be able to find an argument in this case.

0:10.9

All persons having business before the Honorable, the Supreme Court of the United States, are admonished to give their attention.

0:19.4

Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast. I'm Will Bode,

0:25.1

and I'm Dan Epps. So Will, you and I are both fresh off some media appearances this morning.

0:31.6

You were live blogging the opinion hand-down and oral argument today on SCOTUS blog.

0:39.6

How did that go?

0:41.2

You know, it's very chaotic because you're in a chat room with like a bunch of randos.

0:45.2

So you're both trying to, you know, Amanda Tyler from UC Berkeley, my co-author was also there.

0:51.2

And so like there were times we were trying to sort of like discuss something,

0:54.3

but then lots of people were just like chiming at various questions.

0:56.6

But it was fun, actually.

0:57.4

Sometimes I would back in the day, the pre-dispatch SCOTUS blog, I would log in.

1:03.3

I have, I did a couple times the actual live blogging myself,

1:08.4

but sometimes I was just an observer and I would kind of log in and

1:11.5

throw out kind of trollish questions.

1:14.9

Really?

1:16.0

Yeah, just, you know, like I asked about Tom Goldstein's Ferrari, but nobody ever, those

1:20.8

questions never got selected for answers.

1:24.6

Because there's that, there's that period like before anything happens where people are just throwing out

1:28.2

random questions and the hosts are, you know, answering some of them to keep people engaged

...

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